11 results for 'judge:"Kelety"'.
J. Kelety finds that the trial court properly granted summary judgment to governmental entities on a trip and fall complaint. Trail immunity shields the entities from liability for a fall caused when a park visitor tripped on a cable that was strung between two wooden posts. No dispute existed about whether the cable was on a walking path down to a beach that both the visitor and the entities described as a trail, or that the wooden poles and cable were parts of the trail. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: May 13, 2024, Case #: D083075, Categories: Immunity, Negligence
J. Kelety finds that the trial court properly denied defendant's motion for a mental health diversion prior to a 2022 trial in which he was convicted of aggravated mayhem and assault with a deadly weapon. But the trial court must revisit his motion so it may consider subsequent statutory amendments that are retroactively applicable because they became effective prior to his sentencing. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: April 3, 2024, Case #: D081445, Categories: Competence, Assault
J. Kelety finds that the trial court properly relied on the adverse judgment rule to toss a malicious prosecution claim. The bar patron had a full and fair opportunity to litigate his credibility claim against his accuser, the director of security, in an underlying criminal assault case. The patron also failed to provide legal support for his unfair competition allegation that he was kicked out of a bar because of his race. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: March 7, 2024, Case #: D081549, Categories: Malicious Prosecution, Unfair Competition
[Modified.] J. Kelety excludes part III from the previously published opinion in this case. The state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 6, 2024, Case #: D081267, Categories: Jury, Vehicle
J. Kelety finds that the state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 2, 2024, Case #: D081267, Categories: Jury, Vehicle
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[Modified.] J. Kelety alters one sentence and denies a rehearing with no change in judgment. The trial court erred in granting a commercial landlord judgment notwithstanding of the verdict on a premises liability claim that a tenant made over undisclosed asbestos contamination. The indemnification clause in the lease did not apply since the jury found the landlord grossly negligent, and a limitation of liability clause cannot shield landlords for a willful violation of statute. The landlord's failure to disclose the asbestos prevented the tenant from knowing about the hazard, and from acting to prevent the financial losses it incurred during remediation. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: January 31, 2024, Case #: D079905, Categories: Landlord Tenant, Damages, Asbestos
J. Kelety finds that the trial court erred in granting a commercial landlord judgment notwithstanding of the verdict on a premises liability claim that a tenant made over undisclosed asbestos contamination. The indemnification clause in the lease did not apply since the jury found the landlord grossly negligent, and a limitation of liability clause cannot shield landlords for a willful violation of statute. The landlord's failure to disclose the asbestos prevented the tenant from knowing about the hazard, and from acting to prevent the financial losses it incurred during remediation. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: January 25, 2024, Case #: D079905, Categories: Landlord Tenant, Damages, Asbestos
J. Kelety finds that the trial court properly dismissed debtors' unfair business practices complaint against their mortgage lender. Their class action claim that the lender was not licensed in California could not proceed because they failed to allege an actual economic injury as required to establish standing. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: November 3, 2023, Case #: D080758, Categories: Banking / Lending, Class Action
J. Kelety finds that the trial court improperly found that defendant represented a substantial threat to others due to mental illness and recommitted her as a mentally disordered offender. In 1999, prompted by paranoid ideation, she tried to kill her landlord and then imprisoned him, which led to a 17-year sentence that she completed. The record contains no substantial evidence that she has any history of dangerous behavior since the commitment offense, and recommitment cannot be based on conclusory speculation that a violent past poses a risk of future violence.
Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: September 1, 2023, Case #: D081246, Categories: Competence, Murder
J. Kelety finds that the trial court still has original jurisdiction over an arbitration award in a contract dispute. While the parties agreed an award would be subject to judicial review, they cannot choose to bypass the trial court and seek appellate review, as the courts are not parties to arbitration agreements. It was error for the trial court to step aside and it must review the arbitration award on the merits. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: August 28, 2023, Case #: D079967, Categories: Arbitration, Jurisdiction, Contract